NATIONAL INSURANCE COMPANY LTD. Vs. KAMLA DEVI

JUDGEMENT

(1.) This misc. appeal under Section 30 of the Employees' Compensation Act, 1923 (hereinafter 'the 1923 Act') has been filed against the judgment dated 24-8-2009 passed by the Employees' Compensation Commissioner, District Jaipur-I, Jaipur (hereinafter 'the Commissioner'), partly allowing the claim petition filed by the wife, children and parents of the deceased Banna Lal (hereinafter 'the claimants') and finding them entitled to compensation of Rs.3,96,620/- along with interest at the rate of 12% following one month from the date of accident till the date of payment.

(2.) The facts of the case are that claimants filed a petition under Section 22 of the 1923 Act before the Commissioner stating that the deceased Banna Lal was employed as a Driver on Tractor No.RJ-14-RA-3341 owned by the respondent Ram Lal and insured with the appellant insurance company. On 2-3-2008, Banna Lal drove the tractor to an agricultural field in village Pingun to deliver a crane at a construction site of a well. After having reached the site and having alighted from the tractor, he sought to unload the crane from the tractor, which however fell on his head resulting in severe head injuries to him, wherefrom he died on 2-3-2008 itself. It was stated that FIR No.32/2008 was also lodged at Police Station Narena detailing the aforesaid facts. It was prayed that in the circumstances, as Banna Lal was drawing a salary of Rs.6,500/- per month at the relevant time as driver on the Tractor No.RJ-14-RA-3341 insured with the appellant insurance company and was 35 years of age, compensation of Rs.8 lacs along with interest and penalty be awarded.

(3.) On service of notice of the claim petition, the owner of the Tractor No.RJ-14-RA-3341 remained ex-parte, and proceedings were so taken against him on 2-9-2008. The insurance company filed its reply of denial to the claim petition. It was contended that the insurer had not been informed by the insured of the accident in breach of policy conditions. It was also alleged that the deceased Banna Lal was not employed with the owner of the insured Tractor No.RJ-14-RA-3341, and in any event there was a breach of conditions of the policy as Banna Lal was not holding a valid and effective driving licence at the time relevant to ply a tractor. It was further pleaded that Banna Lal had not sustained injuries in the manner alleged, but in an accident with another tractor. In the circumstances, it was prayed that claim petition be dismissed, at least qua the insurance company.